Legal Opinion

Patrick v. Bally's Total Fitness

Appellate Division of the Supreme Court of the State of New York

Decided March 11, 2002PublishedCited by 16 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (O’Connell, J.), dated September 18, 2000, which granted the separate motions of the defendant third-party plaintiff and third-party defendant for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with one bill of costs.

The plaintiff fell through a metal grate into a drainage pit while working as a janitor at the defendant Bally’s Total Fitness (hereinafter Bally). The plaintiff was an employee of a franchisee of the third-party defendant…

2Cases cited5 opinions

  1. Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
  2. Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
  3. Rojas v. Supermarkets General Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  4. Freidah v. Hamlet Golf & Country ClubAppellate Division of the Supreme Court of the State of New York · 2000
  5. Giordano v. Toys "R" Us, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by16 opinions

  1. Orwell Building Corp. v. BessahaAppellate Division of the Supreme Court of the State of New York · 2004
  2. Lustenring v. 98-100 RealtyAppellate Division of the Supreme Court of the State of New York · 2003
  3. Nelson v. Cunningham Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2010
  4. Imhotep v. StateAppellate Division of the Supreme Court of the State of New York · 2002
  5. Jansen v. Roosevelt Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2003

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